HARI OM

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NATIONAL & INTERNATIONAL laws, including criminal, civil, taxation, matrimonial, torts,MACT, SUBSTANTIAL, PROCEDURAL and others.

Name: HARI OM
Address: New Delhi, ZA
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Tax law

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About HARI OM

“Survival of the Fittest “ is the rule of nature and this rule aptly applies to international transactions falling under the Act,as amended upto date . I have developed my book on this theme.This is eternal rule of the nature known in the common parlance as the ‘rule of the jungle’. In this world a big fish eats a small fish. A strongman subjugates the weak .Strong and powerful group of people ,be it of juntas or of potentates, always try to subdue and control feeble, fecklessness and timid populace. All rivers flow down from high mountains in any direction and with a speed that it can weed through all odds and obstacles to reach its goal. The water of the river is helpful in bringing prosperity to the human if it remains in order and destroys anything and everything which comes in its way when it breaches its boundaries. In the similar fashion the air and the sun play their respective benevolent and malevolent roles. They nurture and protect all lives when they are in bounds; but harm lives when ecologically imbalanced . But they follow certain cosmic rules and automatically get harnessed to come in order . The nature controls their overflowing energy in a systematic manner and the fittest withstand that upheaval and the not-so-fittest suffer a loss.In the same manner the fittest ,i.e; the rich ,powerful and resourceful person succeeds in circumventing the law to his benefit but against the interest of a state.The instances of this type of survival of the fittest shall be referred to at the relevant time and place.Humorously,a bitter saying about tax goes thus:”A fine is a tax for doing wrong ;and a tax a fine for doing right.”During the period 1845-1920,Sir Charles James Lyall,was an English civil servant working in India.He was a great scholar and a writer.He had acquired good knowledge of Eastern languages.He was a good writer.His quotes are very famous.One of his famous quotes is that:“there are only three predators ( one who hunts for food) that strike fear into an average man -the man-eating shark,a pack of wolves and the tax department.Some people think that the tax department are thieves ;this is non-sense.The tax department do not steal,it just threatens with dire consequences if tax demand is not paid,which is not theft but extortion.”The great scientist of his times named Albert Einstein , in the field of Physics and Philosophy, has also commented on taxation saying that ,”Filing tax returns is too difficult even for a mathematician;it takes a philosopher.the hardest thing in the world to understand is the income tax.’Therefore, taxation is not only hard but it is difficult and also complex for a taxpayer world wide; at the same time it is equally hard, difficult and complex for the tax man. Whosoever, is fittest between the two would survive.As we all know that human beings are gregarious by nature but simultaneously suffer from the vice of one-upmanship. To keep and maintain law and order in a civilised society an entity called ‘State” comes into existence which,in turn, enacts certain laws to control and contain the arrogant and hubris nature of its citizens. In almost all the civilised societies life and liberty of the people can not be taken away except by the established law of the land . In democratic states protection of life and personal liberty are guaranteed by their Constitutions itself ; in others also these are protected .However, this guarantee comes with a price called fundamental duties. Thus , one person’s right becomes other’s duty. Article 21 in The Constitution Of India 1949 says “ No person shall be deprived of his life or personal liberty except according to procedure established by law”.Thus the state is instrumental in protecting life and liberty of human beings. But ‘power of pelf’ ,i.e;a power based on the quantum of material possessed by any one and /or control over natural resources of the state ,plays a great role in disturbing the life and the liberty of a person that too illegally,more so if it is is in the hands of any unscrupulous person who is recalcitrant and also recidivist. The power money and muscle plays both covert and overt roles in creating an atmosphere of hegemony and one-upmanship which empowers such a person to play with rules with a semblance of obedience of law and legal procedure. The power of filthy lucre can bend any rule with impunity .As we know any state is run only by persons by following the legal system. In a case where the state is run by depraved persons it is bound to doom.. It is a common place experience that the state is ultimately controlled by those persons who possess both brain and brawn. When muscle power combines with the power of pelf it creates havoc. To bring about and maintain law and order in the society vivid enactments are legislated. All these laws derive their authority and command form the majesty of the state, called ‘we the people’. For this purpose infrastructure is required which is funded by taxes collected by the state either directly or indirectly. For the levying and collection of taxes laws are enacted. These laws act against the jungle rule called ‘Survival of the Fittest’ and bring order and prosperity in the society. For the purpose the state is assigned with the duty of legislation and thereafter applying them for the welfare of its citizens . But the laws made by a state are subject to judicial-scrutiny .The funds are sourced mainly from ‘taxation “. Thus, ‘Tax’ is the price which we pay for living in a civilised society as Justice Holmes of the Supreme Court of United States said so once.

1.5—Types of Taxes:-
The taxes are broadly classified as – ‘Direct Taxes’ and ‘Indirect Taxes’. As their names suggest, indirect tax is collected indirectly and direct tax is paid directly by a person from his income, wealth, estate etc. as the case may be. An indirect tax is paid when one purchases goods or while paying for services. Thus, direct tax is paid directly after the income reaches the hand of the tax-payer, whereas indirect taxes are paid before the goods or services reach the tax-payer. The main examples of direct taxes are as under:-
• Income Tax
• Gift-Tax
• Wealth-Tax
And of the indirect taxes are:-
• Central excise = duty on manufactured articles or things.
• Customs = Duty on Imports and Exports
• Sales-Tax— on sale of goods
• Expenditure- tax
• Service-tax ————on services provided.
Both types of these taxes have their good and bad ramifications.What exactly is the legal meaning of the term ‘tax’ and why it is levied and charged, are the phenomenal questions which will be answered in due course. Universally, a country also referred to as a State. Further, in the international tax arena it is safely referred to as a Jurisdiction. This world is comprised of number of countries (states) and as per the state department of the United States there are 195 countries.Modern world has come close and closer and more particularly in the field of economic co-operation. Each state has its own tax-laws for charging and collecting domestic income which also takes care of international income. In our country there is Income Tax Act, 1961[hereinafter referred to as the ‘Act’ for short], under the authority of which taxes are charged and collected by the Tax-Authorities. With the rapid globalisation of economy, Indian-Tax-Authorities have been aggressive in tackling the related party transactions of multi-nationals whereas the businessmen are busy in devising possible means and methods to fit in the possible loopholes they discover in the provisions of the Act. To some extent they succeed also and in the melee they exhibit and re-affirm the rule of “Survival of the Fittest”. They have found and devised many ways to transfer their taxable income from one state (Jurisdiction) to the other thereby depriving Governments of their fair share of tax. No country is willing to lose its legitimate tax-base. Not long ago, transfer pricing was a subject for tax administrators and for few tax specialists. But recently, politicians, economists and business-people, as well as some non - government organisations (NGOs) are alive with this new subject because they have realised its importance. They want to know as to whom pays tax on what International Business transactions between different arms of the same corporation. Globalisation is one reason and the rise of the multinational corporations is the other reason for their interest of this study. Since, about 60% the World Trade takes place within Multinational Enterprises and the importance of transfer pricing becomes visible.
The jungle-rule of the survival of the fittest is replaced by the book rule with the advent of modern day civilised states. The modern day states (countries) are the replacement of earlier day’s empires. The modern day states are more civilised and go by the rule-books within its own jurisdiction and also beyond that in the other state. The globalisation has brought the world nearer to each other what it was never before in the known history. The scientific inventions have made the life easy and luxurious and at the same time have loosened the bonds of love, affection and faith which existed earlier in a family, in a village or in a community. The scientists claim that the Universe is expanding, they are correct in the sense that the bond of love and affection is also expanding. The expanding social behaviour has increased the space between human beings in so far as social relations are concerned. However, at the same time the world has come together in so far as economic relations are concerned. The attraction and allurement for comfortable living, with the help of scientific gadgets has made them greedy. This greed of theirs’ is another form of the jungle rule. Now, they want to defeat by playing economic games which look as if they are not foul. To detect and check these labyrinth transactions which look as a semblance of legitimacy although it may not be the law of international transactions and transfer pricing has now become important subjects of study . To counter this malice different steps are being taken by the states individually and collectively. A world body known by the name of ‘Organisation of Economic Co-Operation and Development ’in short OECD, has been formed under whose guidelines various steps are be

About the lesson

TOPIC BY TOPIC.
CLASS FOR DEGREE LEVEL AS WELL AS FOR THE PREPARATION OF CANDIDATES APPEARING FOR CIVIL SERVICES AND JUDICIAL SERVICESwe will consider the question: What should one do to attain self-knowledge or self-realization? In the final analysis, there is no difference between self- knowledge and self-realization, for to know oneself is to realize oneself. It is important to recall that Self is the ultimate seer—self-consciousness as the background, substratum—of body, mind, and senses because no other seer is known to exist. After all, ―two seers‖ would be a logical impossibility. The moment we contemplate two seers, they split into seer and seen, drg and drsya. To look for the seer of the Self would be ―to end in what is known as a regressus ad infinitum” . In the words of Bhagavad Gita, ―That (One) alone exists enveloping all. The Self reveals itself effortlessly when we cease to identify with the non-selfThere is one universal movement called the human rights, which are expressed in laws and social rules of conduct. This aspect is related with equality. Everyone should be equally treated before the laws concerning rights and duties. For example, if a law requires that one should not discriminate based on gender, religion, nationality, ethnicity or physical disabilities, it must be equitably applied.There is something "behind" every human being intimately connected to her/him, a Higher Self, the essence of every person. It is a non-physical member (and therefore has no gender), and it is independent of religion, ethnicity and nationality. This higher self is different from what I call the lower self, which encompasses the physical body and tastes, instincts, memory, temperament etc. The higher self, like the lower self, is absolutely individual – this is why identical twins usually end up with completely different interests and lives, despite having the same DNA and eventually very similar education during childhood and youth. It is because of this higher self that we can get in touch with universal and eternal concepts, such as mathematical ones.
All higher selves, albeit different, are of the same nature, and constitute the very essence of every human being. Maybe it's the insight of it that has led to the universalism that is being strongly manifested in recent times. For example, in the European Union (EU) people have the right to live in any country, they are allowed to move freely from one country to another (a consequence of the Schengen Treaty of 1995). The universities allow students to take part of their courses at other universities in any EU country etc.

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NATIONAL & INTERNATIONAL laws, including criminal, civil, taxation, matrimonial, torts,MACT, SUBSTANTIAL, PROCEDURAL and others.

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